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Contracts Keyed to Barnett
Loveless v. Diehl
Citation:
235 Ark. 805, 236 Ark. 129, 364 S.W.2d 317 (Ark. 1963)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Loveless leased a farm to Diehl for three years at $100/month. The lease agreement included an option for Diehl to purchase the farm any time during the three-year lease for $21,000. Diehl spent several thousands of dollars on land improvements, including taking out a loan from Loveless to purchase farming equipment.
Diehl wanted to exercise the option to purchase the farm but could not, so Diehl enlisted to sell Hart the farm for $22,000 so that Diehl could at least make a $1,000 profit. Loveless refused, took forcible possession of the farm at the end of the three-year lease, and then leased the farm to another person for $100/month.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.